Hi,
My wife who is my sponsor has just been laid off from her job. I am making 25k a year myself. Can we use the I-864A? What I mean is, can I as the sponsored immigrant use I-864A to help my wife sponsor me? Our interview is coming up very soon.
Would be very grateful for a reply.

Hi,
My wife who is my sponsor has just been laid off from her job. I am making 25k a year myself. Can we use the I-864A? What I mean is, can I as the sponsored immigrant use I-864A to help my wife sponsor me? Our interview is coming up very soon.
Would be very grateful for a reply.

Actually No. The law says that aliens who are Immediate Relatives (i.e., spouses, parents and unmarried children under 21) of U.S. citizens are eligible to adjust their status even if they have engaged in unauthorized employment, or are illegally in the US at the time of filing of AOS, or may have failed to continuously maintain status since their entry into the US.

In addition to the Immediate Relatives of US citizens, who will be forgiven for the above-mentioned irregularities, Section 245(i) exception allows other aliens who are beneficiaries of a bona fide immigrant visa petition (an I-130, I-140, or I-360) or application for labor certification that is filed on or before April 30, 2001 to be eligible for AOS, althought they may have

- entered into the US illegaly,
- remained illegally in the US after entering with a valid visa, or
- worked illegally

These beneficiaries of immigrant petitions/labor certifications that are filed after the old deadline of January 14, 1998, but before the new deadline of April 30, 2001, are required, though, to prove that they were physically present in the United States on December 21, 2000, the date that the new deadline became law.

Many cases INS issue NTA (Notice to appear), and if any reason ( address change or other/not delivered) person not appeared, then Alien is detained at any visit to INS (He might be unaware of NTA). Once you are entered and out of status, you are accmulating physical presence which have its benifit after ten years insome cases. Issuance of NTA will stop the clock of physical presence too.....hope it helps